California 2021-2022 Regular Session Status: Enacted 5 D cosponsors

SB 53 — Unsolicited images.

Last action — Chaptered by Secretary of State. Chapter 504, Statutes of 2022.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced December 07, 2020. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 9 sponsors

    1 primary, 8 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (5 D).

  • Cleared a recorded vote

    Passed 10 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law creates a private cause of action against a person who intentionally distributes material that exposes an intimate body part of another person or shows that other person engaging in sexual conduct if the person knew that the other person had a reasonable expectation that the material would remain private. This bill would create a private cause of action against a person 18 years of age or older who knowingly sends an unsolicited image, as specified, by electronic means depicting obscene material, as defined. The bill would entitle the plaintiff to recover economic and noneconomic damages or statutory damages of a sum not less than $1,500 but not more than $30,000, as well as punitive damages, reasonable attorney's fees and costs, and other available relief, including injunctive relief, as specified.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 504, Statutes of 2022.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2 p.m.

  4. Assembly amendments concurred in. (Ayes 37. Noes 0. Page 4933.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 76. Noes 0. Page 5941.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

  8. Read second time and amended. Ordered to second reading.

  9. From committee: Do pass as amended. (Ayes 12. Noes 0.) (August 11).

  10. August 3 set for first hearing. Placed on suspense file.

  11. Re-referred to Com. on APPR. pursuant to Assembly Rule 97.

  12. Read second time and amended. Ordered to second reading.

  13. From committee: Do pass as amended. (Ayes 11. Noes 0.) (June 21).

  14. Read second time and amended. Re-referred to Com. on P. & C.P.

  15. From committee: Do pass as amended and re-refer to Com. on P. & C.P. with recommendation: To consent calendar. (Ayes 10. Noes 0.) (June 8).

  16. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  17. June 1 hearing postponed by committee.

  18. Referred to Coms. on JUD. and P. & C.P.

  19. In Assembly. Read first time. Held at Desk.

  20. Read third time. Passed. (Ayes 36. Noes 0. Page 2842.) Ordered to the Assembly.

  21. Read second time. Ordered to third reading.

  22. Ordered to second reading.

  23. Read third time and amended.

  24. Read second time. Ordered to third reading.

  25. Ordered to second reading.

  26. From inactive file on motion of Senator Leyva.

  27. Ordered to inactive file on request of Senator McGuire.

  28. Read second time. Ordered to third reading.

  29. Read second time and amended. Ordered to second reading.

  30. From committee: Do pass as amended. (Ayes 7. Noes 0. Page 1181.) (May 20).

  31. Set for hearing May 20.

  32. May 10 hearing: Placed on APPR suspense file.

  33. Set for hearing May 10.

  34. Read second time and amended. Re-referred to Com. on APPR.

  35. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 0. Page 940.) (April 27).

  36. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  37. Set for hearing April 27.

  38. From committee: Do pass and re-refer to Com. on PUB. S. with recommendation: To consent calendar. (Ayes 11. Noes 0. Page 518.) (March 16). Re-referred to Com. on PUB. S.

  39. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  40. Set for hearing March 16.

  41. Referred to Coms. on JUD. and PUB. S.

  42. From printer. May be acted upon on or after January 7.

  43. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 8 co-sponsors · 113 not signed on

Sponsors (1)

  • Leyva

Co-sponsors (8)

Not signed on (113)

113 members have not signed on to this bill.

Show all 113 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 13000
Unaffiliated 21002
Republican 3001
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Wilk — Yea
Skinner — Yea
Min — Yea
Newman — Yea
Rubio — Yea
Wieckowski — Yea
Bradford — Yea
Hertzberg — Yea
Bates — Yea
Eggman — Yea
Dodd — Yea
Atkins — Yea
Hueso — Yea
Nielsen — Yea
Kamlager — Yea
Portantino — Yea
Roth — Yea
Glazer — Yea
Leyva — Yea
Pan — Yea
Gonzalez — Yea
Melendez — Not Voting
Borgeas — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Passed 76 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Democratic 30002
Unaffiliated 38001
Republican 8001
Total 76004
% of votes cast 95%0%0%5%
How each member voted (80)
Member Party Vote
Bloom — Yea
Friedman — Yea
Voepel — Yea
Cooley — Yea
Mathis — Yea
Bigelow — Yea
Rendon — Yea
Cunningham — Yea
Cooper — Yea
Wood — Not Voting
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Kiley — Yea
Mayes — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
Levine — Yea
O'Donnell — Yea
Waldron — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Gray — Yea
Smith — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

Do pass as amended.

Passed 12 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 5002
Democratic 7000
Republican 0002
Total 12004
% of votes cast 75%0%0%25%
How each member voted (16)
Member Party Vote
Levine — Yea
Quirk — Yea
Holden — Yea
McCarty — Yea
Bigelow — Not Voting
Eduardo Garcia — Yea
Vince Fong — Not Voting
Arambula, Joaquin Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Dahle, Megan Republican Not Voting
Davies, Laurie Republican Not Voting

Official roll call →

Do pass as amended.

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 8000
Republican 1000
Unaffiliated 2000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Cunningham — Yea
Kiley — Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Irwin, Jacqui Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Democratic 4000
Republican 1000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Bloom — Yea
Maienschein — Yea
Cooley — Yea
Cunningham — Yea
Kiley — Yea
Haney, Matt Democratic Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Davies, Laurie Republican Yea

Official roll call →

Passed 36 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Republican 3001
Unaffiliated 20003
Democratic 13000
Total 36004
% of votes cast 90%0%0%10%
How each member voted (40)
Member Party Vote
Dodd — Yea
Rubio — Yea
Wilk — Yea
Wieckowski — Yea
Kamlager — Yea
Hertzberg — Yea
Hueso — Yea
Skinner — Yea
Pan — Yea
Leyva — Yea
Roth — Yea
Gonzalez — Yea
Newman — Yea
Atkins — Yea
Nielsen — Yea
Portantino — Yea
Glazer — Yea
Min — Yea
Borgeas — Yea
Eggman — Yea
Melendez — Not Voting
Bates — Not Voting
Bradford — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Do pass as amended

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Republican 1000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Wieckowski — Yea
Kamlager — Yea
Portantino — Yea
Bradford — Yea
Bates — Yea
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Democratic 1000
Republican 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Kamlager — Yea
Bates — Yea
Bradford — Yea
Portantino — Yea
Wieckowski — Yea
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 6000
Unaffiliated 4000
Republican 1000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Hertzberg — Yea
Borgeas — Yea
Gonzalez — Yea
Wieckowski — Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Laird, John Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 53 do?
Existing law creates a private cause of action against a person who intentionally distributes material that exposes an intimate body part of another person or shows that other person engaging in sexual conduct if the person knew that the other person had a reasonable expectation that the material would remain private. This bill would create a private cause of action against a person 18 years of age or older who knowingly sends an unsolicited image, as specified, by electronic means depicting obscene material, as defined. The bill would entitle the plaintiff to recover economic and noneconomic damages or statutory damages of a sum not less than $1,500 but not more than $30,000, as well as punitive damages, reasonable attorney's fees and costs, and other available relief, including injunctive relief, as specified.
Who sponsors SB 53?
SB 53 is sponsored by Leyva, Limón, Monique (Democratic), Skinner, Aguiar-Curry, Cecilia M. (Democratic), Petrie-Norris, Cottie (Democratic), Rubio, Susan (Democratic), Gonzalez, Lena A. (Democratic), Luz Rivas, and Cristina Garcia.
What is the current status of SB 53?
This bill has been enacted into law. Introduced December 07, 2020. Enacted.
Where can I track SB 53?
Track SB 53 free on One Click Politics — get push/email alerts when it moves.

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